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HELP! HIPAA letter to OC returned by CA-will not accept

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fused
Moderator Emeritus

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Actually, I want you to give the OC more time. There are times when a restrictive endorsement can delay the cashing of a check for several weeks. Sort of like playing hot potato. I do recall a case a few months back when a very similar situation occurred. The check didn't get cashed for almost two months. The collection was removed, however.
Message 31 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Okay, I will put a reminder on my calendar for a month from now.  If I do/don't hear anything by then, I will surely let you know.  Thanks!

Message 32 of 41
fused
Moderator Emeritus

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Please do.
Message 33 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Alright Fused...  Here is the response-once again from the collection agency....

 

We are in receipt your correspondence, forwarded from the XXX Clinic concerning your accounts that have been placed in collections with Alliance Collection Agencies, Inc.  We are also in receipt of your intended payments.

 

Please be advised that Alliance Collection Agencies, Inc., has entered in a Business Associate Agreement with the XXX Clinic and represents their interested in your overdue accounts in that capacity.  The reasonable sharing of information in an attempt to collect on outstanding medical debt is in fact permissible between a provider, such as XXX Clinic and an entity that is performing a function on behalf of the provider in the capacity of a business associate, such as Alliance.

 

The United States Department of Health and Human Services (HHS) has issued guidance on the HIPAA laws which can be found at the following website: http://www.hhs.gov/ocr/privacy/hipaa.  Specifically, HHS has stated that the HIPAA law permits XXX Clinic, a covered entity, to use a debt collection service such as Alliance Collections.  The debt collection service can receive and use protected health information as necessary in order to perform debt collection services, an activity that falls under the definition of payment activities in HIPAA.  Covered entities are permitted to use and disclose protected health information under HIPAA without the patients authorization as necessary to obtain payment for health care services they are provided.

 

As such, any future correspondence and/or payment remittance, intended for your outstanding medical debt assigned to our agency, should be addressed directly to Alliance Collection Agencies, Inc.

 

It is clear that you intention is to pay your outstanding collections items due to the XXX Clinic.  This letter serves as notice that it is the intention of this office to deposit and apply your remitted payments, unless directly contacted by you within ten (10) days.

 

Thank you in advance for your cooperation,

Random Guy

Director of Operations

 

CC:  Random Lady, Privacy Officer, XXX Clinic

Message 34 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Anyone have any ideas on how to respond to this letter?
Message 35 of 41
fused
Moderator Emeritus

Re: HELP! HIPAA letter to OC returned by CA-will not accept

The CA can make these assertions only because the debt is valid and its unpaid. I have an opinion on what to do next, but let me get back to you on this before I share it with you. Hang tight.
Message 36 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

I am ready to throw in the towel.  This is the only negative blemish on our reports in the last 2.5 years.  If I can't get this removed using HIPAA, I would just rather cancel the checks and make payments on the amount we owe monthly.  We are looking at getting a USDA loan and both lenders that we spoke with were not concerned with the medical collections.  One said we didn't need to pay it and the other said it might look better if we were making some sort of payment.  So in my mind, I think that is fine, we can cancel those checks and use that money for other bills.  UGH!

 

On top of that, one of the collections is for an MRI that was done on my husband's shoulder.  The doctor said he couldn't see anything bad enough to warrant surgery.  So my husband lived with the pain for almost a year and then started seeing a chiropractor who said he could feel the tears in his shoulder.  When the chiropractor looked at the MRI he was surprised that they didn't use contrast (dye) so they could see if there were any tears in the shoulder.  My husband was then forwarded to a different orthopedic surgeon who looked at the MRI and said the same thing.  So we end up paying $4000 for an MRI that can't even tell the Dr's what is wrong.  My husband called the Dr's office to see why they did not order the contrast and they said they would look into it and call him back...  I am sure they will get right on that! 

Message 37 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Fused-any clue on what to do here?  We are only looking at working with one for now. 

 

The larger one has been put on hold by the OC because of the error when ordering my husbands MRI.  It appears that they screwed up and are going to take a few weeks to fix it, but said they would be calling the collection agency and telling them to return the check and that this account is on hold for now.  My husband did tell the original doctor and the patient's advocate that resolution for him would be the refund of the MRI charge which would then mean that account never would have went to collection and so it would need to be removed from our reports due to the OC's error.  They seemed to agree, but we will find out in a few weeks if that works. 


So we still have the other collection out there and we have not sent any response to the CA.  Any advice?

Message 38 of 41
fused
Moderator Emeritus

Re: HELP! HIPAA letter to OC returned by CA-will not accept

I haven't been able to discuss this yet with another HIPAA guru. Hang tight!
Message 39 of 41
Anonymous
Not applicable

Re: HELP! HIPAA letter to OC returned by CA-will not accept

Thanks fused!  We have 10 days per the letter they sent us and today would be the 6th.  Just getting anxious that's all!
Message 40 of 41
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